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JONES v. CUNNINGHAM

No. 8356.

294 F.2d 608 (1961)

John R. JONES, Appellant, v. W. K. CUNNINGHAM, Jr., Superintendent of Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 14, 1961.

Attorney(s) appearing for the Case

F. D. G. Ribble and Daniel J. Meador, Charlottesville, Va. (court-assigned counsel), for appellant.

Reno S. Harp, III, Asst. Atty. Gen., of Virginia (Frederick T. Gray, Atty. Gen., of Virginia, on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

HAYNSWORTH, Circuit Judge.

This petition for a writ of habeas corpus must be dismissed, for the prisoner is now at large on parole. He is no longer in the custody of the defendant, the Superintendent of the Virginia State Penitentiary, where he had been confined. While indirectly under their supervision, he is not in the physical custody of the members of the Virginia Parole Board, whom the petitioner would substitute as parties defendant, nor of any of their subordinates...

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